This Agreement is between Intergral and Customer ordering a single or multiple (pack 5) of Fusion Premium Support Incident(s) (“Premium Support”). Customer hereby agrees that the following terms and conditions shall govern the delivery of support services by INTERGRAL to Customer under the Premium Support with respect to applicable registered Fusion products (“Products”) and where indicated with respect to third-party products and technologies. Subject to Customer’s termination right as set forth in Section 4 below, ordering the Premium Support indicates Customer’s acceptance of the terms and conditions contained in this Service Agreement. This Service Agreement is effective upon receipt and acceptance of Customer’s order by INTERGRAL or by the authorized reseller from whom support is purchased (“Commencement Date”).

1.Services.

INTERGRAL will provide Customer with support services (“Support Services”) described at https://www.fusion-reactor.com/support/productsupportpolicies.cfm (the “Premium Site”). Such descriptions, as may be amended from time to time, are deemed to be part of this Service Agreement. The FUSION software products for which Premium Support is available are listed on the Premium Site. Premium Support is sold in single or multiple incident (5) packs and can be used by multiple users, although, each contact with a new incident as described in section 2 will count towards decrementing the multi-pack. Support Services will be delivered by a member of INTERGRAL’s technical support team to the Technical Support Contacts during the regional hours of operation as listed on the Premium Site (https://www.fusion-reactor.com/fr/productsupportpolicies.cfm#SupportAvailability). Support is delivered in English only.

2. Restrictions.

INTERGRAL may limit or terminate the Support Services being provided if Customer uses the Support Services in an abusive or fraudulent manner, as determined by INTERGRAL in its reasonable discretion. Resale, assignment and transfer of ownership are strictly prohibited and will be grounds for termination of the Support Terms. INTERGRAL will only provide Support Services for Products that are properly registered with INTERGRAL as documented on the Support Site. A single support incident will be restricted to support on an issue that focuses on one aspect of the product – e.g. use of a specific documented feature of the product or assistance with a specific problem or error message. Should this issue involve other aspects of the product, addressing other aspects constitutes a separate issue and requires an additional support incident. A single support incident may involve multiple phone calls, emails and off-line research. INTERGRAL Support Engineers are responsible for determining what characterizes a single support incident and communicating this to the Customer. INTERGRAL Support Engineers will make reasonable efforts to resolve the issue but INTERGRAL cannot guarantee that every issue will be resolved.

3. Exclusions.

INTERGRAL shall not be required to provide any Support Services relating to problems or issues arising out of or from (i) Customer’s use of the Products in a manner for which they were not designed; (ii) damage to the media on which the Products are provided or to the computer on which the Products are installed; (iii) Customer’s negligence, misuse, or modification of the Products; (iv) versions of Products other than the most recent version (e.g., 6.x) and one version back (e.g., 5.x) – plus the previous version for 90-days after the last ship date of the current version. INTERGRAL shall not be required to provide any Support Services for Products that are no longer listed on the Support Site as supported products; (v) third-party products and technologies not associated with installation assistance as listed on the Fusion Site (https://www.fusion-reactor.com) as supported technologies /platforms or (vii) conflicts related to replacing or installing hardware, drivers, and software that have not been certified by INTERGRAL for use with Products.

4. Term and Termination.

i. Absent early termination for the reasons stated herein, this Service Agreement shall have a term of one year or until all incidents are used, which ever comes first, from the CommencementDate when purchased directly though an INTERGRAL sales center or purchased from an INTERGRAL on-line store.

ii. Notwithstanding anything to the contrary herein, these Support Terms may be terminated by INTERGRAL for failure of Customer to pay INTERGRAL the Support Fee if such failure to pay continues for ten (14) days after INTERGRAL gives Customer written notice of such failure. INTERGRAL may also terminate these Support Terms if Customer materially breaches the terms of these Support Terms and fails to cure such breach within thirty (30) days of written notice thereof, except that a material breach of any license granted to Customer in the terms of use or end user license agreement applicable to the Software End User Licensing Agreement shall be grounds for immediate termination.

iii. Customer acknowledges that INTERGRAL has the right to discontinue the manufacture and development of any of the Software and the Support Services for any Software, including without limitation the distribution of older Software versions, at any time in its sole discretion, provided that INTERGRAL agrees not to discontinue the Support Services for the Software during the current annual term of this Service Agreement, subject to the termination provisions herein. INTERGRAL reserves the right to alter these Support Services from time to time, using reasonable discretion but in no event shall such alterations result in (i) diminished support from the level of support set forth herein; (ii) materially diminished obligations for INTERGRAL; (iii) materially diminished rights of Customer. INTERGRAL shall provide Customer with thirty (30) days prior written notice of any permitted material changes to these Support Services contemplated herein.

5. Support Activation.

All Premium Supports purchased from an INTERGRAL on-line store or directly will be deemed as activated on the day of purchase – Commencement Date. Activation instructions and contact information can be found in the email received following successful purchase. Activation requires that the customer provides serial numbers of the licenses for which support was purchased and names of authorized contacts that will be using the Premium Support. Upon purchase, INTERGRAL will send the customer an email outlining how to access INTERGRAL technical support. Premium Support Programs that are not used will expire one year from the Commencement Date as described in section four (4) above.

6. Refund Policy.

If a customer does not agree to these terms and conditions, a full refund of the Premium Support fee may be requested within the first thirty (30) days after the Commencement Date so long as the customer has not used the Premium Support. Refund requests must be submitted to the INTERGRAL authorized reseller from which the Premium Support was purchased or submitted to INTERGRAL if purchased directly from INTERGRAL.

7. Renewals.

Premium Support is paid up front and will expire one year from the commencement date or when all incidents are used, which ever comes first. If purchased from an INTERGRAL reseller (such as those reselling INTERGRAL software licenses, pricing for Premium support is determined by such reseller. At time of renewal, the renewal price will be determined between Customer and an INTERGRAL reseller or as set by standard published pricing.

8. Warranty and Disclaimer.

INTERGRAL will use commercially reasonable efforts to provide the Support Services in a professional manner, but INTERGRAL cannot guarantee that every question or problem raised by Customer can or will be resolved. Nothing in this Service Agreement shall be construed as expanding or adding to the warranty for the Software set forth in the Product End User License Agreement (https://www.fusion-reactor.com/license-v3.txt) or any other agreement with INTERGRAL governing use of the software. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION, OR TERM TO THE EXTENT TO WHICH THE SAME CANNOT OR MAY NOT BE EXCLUDED OR LIMITED BY LAW APPLICABLE TO CUSTOMER IN ITS JURISDICTION, INTERGRAL MAKES, AND CUSTOMER RECEIVES, NO WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, RELATED TO OR ARISING IN ANY WAY OUT OF THIS SERVICE AGREEMENT OR THE PROVISION OF MATERIALS OR SERVICES UNDER THIS SERVICE AGREEMENT. INTERGRAL SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

9. LIMITATION OF LIABILITY.

INTERGRAL’S LIABILITY UNDER THIS SERVICE AGREEMENT IS LIMITED TO THE AMOUNTS PAID BY CUSTOMER FOR THE SUPPORT SERVICES ORDERED BY CUSTOMER. IN NO EVENT SHALL INTERGRAL HAVE ANY LIABILITY FOR ANY SPECIAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF DATA, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE OF EQUIPMENT OR FACILITIES, OR INTERRUPTION OF BUSINESS, ARISING IN ANY WAY OUT OF THIS SERVICE AGREEMENT UNDER ANY THEORY OF LIABILITY, WHETHER OR NOT INTERGRAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

10. Additions.

Any additional services added to this Service Agreement by written notice to Customer will be governed by the terms of this Service Agreement.

11. General.

This Service Agreement may not be assigned by Customer. Any assignment in violation of the foregoing shall be null and void. This Service Agreement supersede all other written and oral proposals, purchase orders, prior agreements, and other communications between Customer and INTERGRAL concerning the subject matter hereof and constitutes the entire agreement between INTERGRAL and Customer regarding provision of Support Services. This Service Agreement is governed by the laws of Germany. Exclusive jurisdiction and place of performance is Boeblingen, Germany, as long as permitted by applicable law. The United Nations Convention for the International Sale of Goods shall not apply. Sections 8, 9 and 10 shall survive expiration or earlier termination of this Service Agreement for any reason.

INTERGRAL and other trademarks contained in the Software are trademarks or registered trademarks of INTERGRAL Information Solutions GmbH. Third party trademarks, trade names, product names and logos may be the trademarks or registered trademarks of their respective owners. You may not remove or alter any trademark, trade names, product names, logo, copyright or other proprietary notices, legends, symbols or labels in the Software. This Service Agreement does not authorize you to use INTERGRAL’s or its licensors’ names or any of their respective trademarks.

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Intergral is an established provider of application monitoring and analysis tools with over 15,000 products sold to customers around the world.